Page:United States Statutes at Large Volume 108 Part 4.djvu/655

 PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3289 "(B) the date that is 5 days after the debriefing date offered to an unsuccessful offeror for any debriefing that is requested and, when requested, is required.". SEC. 1403. DECISIONS ON PROTESTS. (a) PERIODS FOR CERTAIN ACTIONS.— Section 3554(a) of title 31, United States Code, is amended— (1) in paragraph (1), by striking out "90 working days from" and inserting in lieu thereof "125 days after"; (2) in paragraph (2), by striking out "45 calendar days from" and inserting "65 days after"; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following new paragraph (3): "(3) An amendment to a protest that adds a new ground of protest, if timely made, should be resolved, to the maximum extent practicable, witnin the time limit established under paragraph (1) of this subsection for final decision of the initial protest. If an amended protest cannot be resolved within such time limit, the Comptroller General may resolve the amended protest through the express option under paragraph (2) of this subsection.". (b) GAO RECOMMENDATIONS ON PROTESTS. —(1) Section 3554 of title 31, United States Code, is amended in subsection (b) by adding at the end the following new paragraph: "(3) If the Federal agency fails to implement fully the recommendations of the Comptroller General under this subsection with respect to a solicitation for a contract or an award or proposed award of a contract within 60 days afl«r receiving the recommendations, the head of the procuring activity responsible for that contract shall report such failure to the Comptroller General not later than 5 days after the end of such 60-day period.". (2) Subsection (c) of such section is amended to read as follows: "(c)(1) If the Comptroller General determines that a solicitation for a contract or a proposed award or the award of a contract does not comply with a statute or regulation, the Comptroller General may recommend that the Federal agency conducting the procurement pay to an appropriate interested party the costs of— "(A) filing and pursuing the protest, including reasonable attorneys' fees and consultant and expert witness fees; and "(B) bid and proposal preparation. "(2) No party (other than a small business concern (within the meaning of section 3(a) of the Small Business Act)) may be paid, pursuant to a recommendation made under the authority of paragraph (1)— "(A) costs for consultant and expert witness fees that exceed the highest rate of compensation for expert witnesses paid by the Federal Government; or "(B) costs for attorneys' fees that exceed $150 per hour unless the agency determines, based on the recommendation of the Comptroller General on a case by case basis, that an increase in the cost of Uving or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee. "(3) If the Comptroller General recommends under paragraph (1) that a Federal agency pay costs to an interested party, the Federal agency shall— "(A) pay the costs promptly; or

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